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What factors determine if you receive spousal maintenance?

On Behalf of | Sep 9, 2021 | Family Law

When you split from your spouse in Texas and your spouse was the main breadwinner, you may decide to seek spousal maintenance to help yourself get by without him or her. There are certain factors the state examines when deciding whether to grant you maintenance. The state may also review these variables when making decisions about the nature, amount and duration of the maintenance you might receive.

Per the Texas Family Code, some of the elements Texas courts may consider when deciding whether to award you maintenance are as follows.

Each party’s ability to support yourselves independently

A spousal maintenance award may be more likely if one of you has a clear edge over the other in terms of your abilities to support yourselves independently. The court may consider your level of education and your career skills, and those of your partner. The state may also consider the existing job market for those who have specific skills when making maintenance award decisions.

The duration of your marriage

You may have a better shot at securing spousal support after a divorce if your marriage lasted at least 10 years. Your chances of receiving maintenance may also improve if you show how you made efforts to expand your education or enhance your employability while your divorce is ongoing.

Your contributions as a homemaker

If you took care of most of the duties at home so that your spouse could forward his or her education or career, this may make a spousal support award more likely.

These are some of the variables Texas examines when awarding spousal support. However, there are many other areas that may also fall under a microscope should you request spousal maintenance in your split.